Economic Loss What is Economic Loss? Economic loss is a type of loss that can be claimed in negligence. Economic loss refers to a purely financial loss that has been suffered by a person or business. For example, a business may lose profits because of an incident, or a person may lose income because they are unable to work. However, the courts do not automatically allow a claimant to recover financial losses. The law makes an important distinction between consequential econom

The Development of A Duty of Care Before a claimant can succeed in a negligence claim, they must prove that the defendant owed them a duty of care. A duty of care is a legal relationship between the claimant and defendant which means that the defendant is required to take reasonable care to avoid causing foreseeable harm to the claimant. The law relating to duty of care has developed significantly over time. Originally, there was no general duty of care owed to everyone. Inst

Psychiatric Harm Psychiatric Harm in Negligence Psychiatric harm is an area of negligence that can be difficult to understand because the courts treat different types of claimants in different ways. In some situations, a person may claim as they have suffered psychiatric harm because of the defendant’s negligence, even if they have not suffered a physical injury. However, not every emotional reaction will result in a successful claim. The law places limits upon who can claim

Vicarious Liability Vicarious liability is an important principle within Tort Law that allows one person or organisation to be held liable for the torts committed by another. Most commonly, an employer for the actions of an employee. Vicarious liability applies when the two elements are satisfied. (Barclays Bank plc v Various Claimants, 2020): 1. There is a relationship of employment or akin to employment making it proper for the law to enforce liability, and; 2.

Intro to Tort Law What Is Tort Law? The word tort comes from an old French word meaning wrong. Tort law is an area of civil law that deals with situations where one person has suffered harm or loss because of another person's actions or failure to act. For example, A driver is using their phone while driving and crashes into another person's car. The driver may have acted negligently. If the other person's car is damaged, the person may be able to bring a claim against the dr

What Is Vicarious Liability? Vicarious liability arises where one person (usually an employer) is held legally responsible for the torts committed by another (usually an employee). Most commonly, an employer becomes liable for torts committed by employees during the course of employment.

Negligence Evaluation This blog focuses on evaluation of Negligence. A core Tort Law topic. Negligence is a type of civil wrong that allows individuals (claimants) to claim when they have suffered injury, loss or damage due to someone else’s actions or omissions. To succeed in a negligence claim, a claimant must prove three key elements: A duty of care was owed by the defendant. That duty was breached. The breach caused foreseeable damage. Duty of Care A duty of care exists w

Breach of Duty in Negligence Under the law of negligence, a claimant can bring a civil claim for compensatory damages if they have suffered injury or damage as a result of the defendant’s actions. The law of negligence is concerned with compensating individuals when injury or damage has been caused by the defendant’s failure to take reasonable care. To succeed in a negligence claim, the claimant must prove three elements: 1. That the defendant owed them a duty of care; 2

Compensatory Damages When a claimant has successfully proven their case in tort law, the court will award a remedy to address the loss or harm that they have suffered. A remedy is the legal outcome that is designed to put things right. The two main tort law remedies that the court can award are compensatory damages (a financial payment to the claimant) and injunctions (a court order requiring the defendant to do something or to stop doing something). In this blog, we will e

The Occupiers' Liability Act 1984 The Occupiers' Liability Act 1984 (OLA 1984) covers situations where a person enters land or property without permission (a trespasser). The Occupiers’ Liability Act 1984 provides occupiers with a limited duty of care to non-visitors (trespassers). The 1984 Act recognises that occupiers may still owe a duty of care to those who enter their premises without permission. This duty is far more restrictive than that under the 1957 Act, only person

Occupiers' Liability Act 1957 The Occupiers' Liability Act 1957 (OLA 1957) protects lawful visitors from personal injury and property damage that may occur on premises. It establishes a common duty of care for occupiers to ensure visitors’ safety while on their property. This duty ensures that visitors are protected from personal injury or property damage while on the premises. The Act covers visitors with permission to be on the premises, such as: Invitees (those invited for

Robinson v Chief Constable of West Yorkshire Police (2018). In tort law, a claim can be brought under the law of negligence when someone suffers harm because another person has breached their duty of care. A person who has been injured due to someone else’s negligence can bring a civil claim for compensation. But to win the case, they must prove three key things: The defendant owed them a duty of care. The defendant breached that duty. The breach caused their injury or damage

Rylands v Fletcher: A Level Law Rylands v Fletcher, an important area of tort law that often appears in exams. This area of tort law that deals claims where the defendant can be found liable and can be held legally responsible for damage caused by something that they have stored on their land, and it then escapes from their land and causes damage to the neighbouring land. Imagine this: your neighbour stores a huge tank of water in their garden. The tank bursts, and water floo